JessXEmoji

Is a decal same as Tshirt trademark.

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Got a guy asking me to take down a decal listing cause the phrase is a tshirt trademark of his. Just wondering once you trademark words do you own the rights for anything its used for? Thanks!

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Ive already deleted the listing. I just need to know once you trade marks words can you stop anyone from using them for any reason? From what ive read if you come up with a new phrase you own the rights to it even though its not registered.

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Trademarks are product line specific and you have to declare during the application process what your product lines are.

 

This is what allowed Apple Computers and Apple Music (the Beatles recording label) to co-exist - Apple Computers trademark covered computers, electronic devices, etc.... Right up until they launched the Apple iTunes Store and entered the music sales business and then the fecal excrement came into contact with the rotating oscillator... (Note: Apple Computers eventually ended up "winning" that legal battle, but I'm sure there was a lot of money that changed hands in the process)

 

If his trademark application lists decals, stickers, signage, etc. as a product line, then he probably has a case against you.  Ask to see the link to his trademark (it will be available online) and check for yourself.

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Trademarks are product line specific and you have to declare during the application process what your product lines are.

 

This is what allowed Apple Computers and Apple Music (the Beatles recording label) to co-exist - Apple Computers trademark covered computers, electronic devices, etc.... Right up until they launched the Apple iTunes Store and entered the music sales business and then the fecal excrement came into contact with the rotating oscillator... (Note: Apple Computers eventually ended up "winning" that legal battle, but I'm sure there was a lot of money that changed hands in the process)

 

If his trademark application lists decals, stickers, signage, etc. as a product line, then he probably has a case against you.  Ask to see the link to his trademark (it will be available online) and check for yourself.

If I remember correctly I believe Apple paid the Beatles something like a billion dollars. I wouldn't say Apple won so much as the Beatles settled.

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well what exactly was the "phrase" that was trademarked that you are in violation of? You cant trademark common phrases.

 

20th Century Fox had ebay take one of my listings down. I had a euro oval decal with just the word "giggity" in it. there were no references or images to the character or the tv show, but since its such a unique word, and not common place, it warranted removal as a trademark violation. Honest mistake, I didn't think it would be a violation, but it was. They just simply had ebay take it down, I spoke to a FOX I.P. rep, and they were very polite, and just said since the word is unique to the tv show, they had the right to do it. oh yea, and then they said "DONT DO IT AGAIN!"

 

Also, there are sellers out there that just message you and say they have the trademark/copyright, just to scare you into taking listings down so they will have less competition. I would ask to see some sort of documentation or registration proof.

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You cant trademark common phrases.

 

Tyler Perry just won a legal battle for the trademark rights to "What Would Jesus Do?", so your statement isn't entirely correct.

 

You don't even have to invent the phrase, just be the first to file and pay the money.  If no one presents a legal challenge then you can receive the trademark.

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Tyler Perry just won a legal battle for the trademark rights to "What Would Jesus Do?", so your statement isn't entirely correct.

 

You don't even have to invent the phrase, just be the first to file and pay the money.  If no one presents a legal challenge then you can receive the trademark.

Are you serious?! some christian he is!

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And Larry the Cable Guy  has Git-R-Done.   I asked this question back in 2009   

 

Larry forwarded me your letter.  Yes, that famous phrase is copyrighted..
 
Thanks,
Adrian Stumpf
Git-R-Done Productions

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But what if your mark only covers clothing like his does? I messaged him yesterday and asked to see his copyright to decals and stickers and he has not responded.

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Tyler Perry just won a legal battle for the trademark rights to "What Would Jesus Do?", so your statement isn't entirely correct.

 

You don't even have to invent the phrase, just be the first to file and pay the money.  If no one presents a legal challenge then you can receive the trademark.

The trademark rights in this case only cover certain things..such as entertainment rights, TV shows,etc using the name. I can do a decal or a T-shirt without violating his trademark...as long as it is just the phrase.

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But places like ebay and etsy will still delete your stuff if a clothing trademark holder says your are using their trademark even if its a decal. That they do not own. Your own website is the best bet to avoid the people who thinks they own the phrase for everything.

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Keep in mind there is a difference between trademark and copywrite. You can violate copywrite laws without violating trademark law.

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For the most part, if you can see it, it's copyrighted. Outside of special circumstances everything anyone creates is copyrighted automatically. Although it doesn't mean much unless it is also registered.

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This is a topic that i wanted some answers on myself , what about universitys and teams , i see a million different LSU logo's but is it legal to make them what if someone was to make a shirt like I Love Ebay ? " i just made that up my copyright of their trademark just sayin " lol .

 

i see alot of tshirts and decals online that i have seen before like Tshirt Hell has a shirt " I will not remember any of this " how can you trade mark a common phrase ?

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I love Ebay would probably be ok so long as you did not use the ebay logo. University's and teams stuff are all trade marked or copyright, doesn't mean people won't make stuff illegally, or possibly buy the permissions to make stuff.

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I've had a few designs taken down from Cafepress in the past for alleged copyright / trademark infringement. Weather they are all legitimate claims or not, who really knows. You will probably never win an argument with big sites like Ebay, Amazon, Etsy, Cafepress, etc.

 

I (heart) NY

(insert text here), but then I took an arrow to the knee

Designs with the rock and roll hand signal

A mustache and beard that resembled the silhouette of Mr. T

Something with the words Zombie Hunter

Famous quotes from celebrities

 

I saw a TV interview with a kid named Mike Rowe that named his company MikeRoweSoft. He was selling computers, software, or electronics, I can't remember exactly, and Microsoft shut him down because the name sounded the same as theirs and was in the same general industry. He could maybe sell pretzels and call the company Mike Rowe Soft Pretzels.

 

Even shapes and packaging of products can be trademarked, which is called trade dress. Coca-Cola owns the certain shape of their bottles, but has never registered their soft drink formula.

 

Sometimes companies can have their trademarked name become null and void. Kleenex almost had this happen to them once, because their name was becoming to generically used for any facial tissue. You don't ask for a facial tissue, you ask for a Kleenex.

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Just some things i was wondering , i was looking at making some LSU decals i notice on esty hundreds of LSU stuff thats why i was wondering , then the tshirts it just seems that there are so many common said or placed things that someone could say thats trademarked or copyrighted and you never would really know , i love water mellon and chicken was one i seen on tshirt hell , im sure at one time or another ive herd or seen that said before , i dont know how you could trademark such a thing

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